Being forcibly removed from your home with all of your belongings is a terrifying, but very real concern that is faced by individuals that have received a notice of eviction posted to their front door. An individual’s home is normally a place of sanctuary and refuge from the concerns of the outside world, however, when an eviction notice is posted, the turbulent storms of the outside world threaten to destroy this place of refuge and potentially leave the evicted person homeless. Fast action must be taken in order to avoid such a devastating result.
Finding a new place to live can often take weeks, let alone arranging for the transportation of personal belongings to the new residence. Once a notice of eviction is posted on your front door, however, you simply may not have that kind of time to make arrangements to leave on your terms.
How Bankruptcy Can Help With an Eviction
Perhaps the most powerful means to buy some additional time to make arrangements for securing a new residence is by filing for bankruptcy. The filing of a bankruptcy case invokes powerful federal laws that trump1)No, not that Trump local eviction laws, and these laws stay2)meaning cease any collection actions, including the eviction process. In other words, by filing a bankruptcy a person can put a stop to an imminent eviction from his or her home. Unfortunately, the stop put in place by the bankruptcy laws is likely only a temporary solution if the individual being evicted does not have the ability to get back in good standing with the landlord (i.e., paying back missed rent payments, etc.) relatively quickly.
Most people that I meet with in this situation, however, know that their time is limited and are not necessarily looking to stay in the property long term, but rather they are looking to buy a little additional time to find a new residence so they do not end up on the streets while simultaneously addressing any financial liability that may result from breaking a lease and being evicted. Filing bankruptcy will assist you with each of these objectives.
Additionally, as is often the case, people who face eviction often have more debts than just back rent. Since rent is usually the first bill that gets paid in most households, the fact that someone is behind on their rent is indicative of a person’s financial situation as a whole, where Peter has been robbed to pay Paul, and a host of other debt and financial liability is outstanding. By filing for bankruptcy, not only will it give a person some time to put their move in motion, but it will wipe out all other dischargeable debt holding a person down and allow for a fresh start financially.
If you are facing an eviction, I highly recommend speaking with an experienced bankruptcy attorney that can advise you regarding how much additional time a bankruptcy case would allow you, and whether or not you are a good candidate for the bankruptcy process.
